SCHEDULES

SCHEDULE 1U.K.Amendments to Communications Act 2003 and related amendments

82.  In section 139 (penalties for contravention of information requirements)—U.K.

(a)for subsection (1) substitute—

(1) This section applies where a person is given a notification under section 138 which specifies a proposed penalty.,

(b)in the opening words of subsection (2) for “impose a penalty on the notified person” substitute “ specify a penalty ”,

(c)omit subsection (2)(a) and (b),

(d)in subsections (3) and (4) for “imposed” substitute “ specified ”,

(e)after subsection (4) insert—

(4A) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a)the giving of a confirmation decision under section 139A(4)(c) which requires immediate action; or

(b)the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

(4B) The amount of a penalty under subsection (4A) is to be such amount not exceeding £500 per day as OFCOM determine to be—

(a)appropriate; and

(b)proportionate to the contravention in respect of which it is imposed.,

(f)in subsection (5) for “a penalty imposed” substitute “ any other penalty notified ”, and

(g)omit subsections (6) to (8).